Landlord Fined $35000 for Illegal Lockout and Interference with Tenant's Reasonable Enjoyment: Conn v Equity Builders Ltd 2024
Landlord fined $35000 for illegal lockout and harassment of vulnerable tenant
Summarized by RentZenLast updated: July 22, 2024
Case Summary
Unit ****, 721 Earlscourt Drive, Sarnia, ON N7S1V1
Decision in favor of
tenant
Balance Owed to Tenant
$3,822
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Mar 2023
Tenancy End Date
Jul 2023
Hearing Date
Oct 2023
Order Date
Mar 18, 2024
Dispute Summary
The Tenant applied for an order determining that the Landlords: altered the locking system on a door giving entry to the rental unit or residential complex without giving the Tenant replacement keys, substantially interfered with the reasonable enjoyment of the rental unit or residential complex by the Tenant or by a member of their household, and harassed, obstructed, coerced, threatened or interfered with the Tenant.
Determinations
- Landlord had lawful authority to restrict access to units under a previous order
- Landlord obstructed, coerced, threatened or interfered with Tenant
- Landlord substantially interfered with Tenant's reasonable enjoyment
- Tenant was illegally locked out of rental unit
Case Study
The Landlord's actions of locking out the Tenant without lawful authority and then refusing to allow the Tenant to retrieve his possessions were found to be an egregious breach of the Residential Tenancies Act. The Tenant should be compensated for the illegal lockout and the Landlord should be fined the maximum amount to deter such conduct in the future.
Arguments and Actions
Landlord
Arguments
The Landlord argued that their actions were motivated by concerns for the safety and well-being of the Tenants, and that an administrative fine was not warranted.
Actions
The Landlord claimed they were restricting access to the units due to safety concerns, but did not appeal the City of Sarnia's order allowing the Tenants to return or seek a court order to restrict access. Instead, the Landlord illegally locked out the Tenants and refused to allow them to retrieve their possessions.
Aggravating Factors
The Landlord blatantly disregarded the Residential Tenancies Act and Board orders, engaging in 'self-help' by illegally locking out the Tenant and then refusing to allow the Tenant to retrieve his possessions. This demonstrates a contempt for the Board and the Act.
Tenant
Actions
The Tenant, a 67-year-old man with COPD, was forced to live in a cold, damp shelter after being illegally locked out, which negatively impacted his health. He was not allowed to access the unit to retrieve his medications and oxygen tanks.
Decision Summary
The Tenant's tenancy is terminated as of July 28, 2023. The Landlord is ordered to pay the Tenant $3,822.21 for rent abatement, out-of-pocket expenses, filing costs, and general damages. The Landlord Equity Builders Ltd. is also ordered to pay an administrative fine of $35,000 to the Landlord and Tenant Board.
Adjudicator Details
LTB Member
Total Orders
534
Landlord Favorable
79.6%
Tenant Favorable
14.0%
Mutual Agreement
6.4%
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Financial Details
Lawful Rent
$587
Application Fee
$53
Administrative Fine Payable to LTB
$35,000
Other Owed Amount
$189
Replacement of personal care items and back brace
Total Owing
$3,822 (Owed to Tenant)
Fine Payable By: Equity Builders Ltd
Source
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